If you are going to emigrate, what should you do with the domestic assets?

In recent years, more and more people from all over the world choose to be naturalized in other countries, among which China people account for the vast majority. Different from the naturalization of immigrants in the early years, most of the current immigrants are expensive, and the problem is coming. What should I do to successfully immigrate and naturalize? How to deal with domestic assets? Or some families have one family, two systems, husband and wife, one foreigner and one China person. What should be done with domestic assets?

In this regard, relevant professionals explain as follows.

First, the nature of China's assets when red passports are exchanged for blue passports.

After the passport is changed, the nature of the enterprise will not change because of the change of shareholders' immigration status. According to the provisions of the Ministry of Commerce on the merger and acquisition of domestic enterprises by foreign investors: Article 55 If the natural person shareholder of a domestic company changes his nationality, the nature of the company will remain unchanged, and the nature of holding and inheritance will remain unchanged.

Second, about the new investment after the identity change.

Based on the principle of source of capital contribution, China has a system of access and approval for foreign investment, which can be used for reference by the Table of Safety Review Industries and the Catalogue of Guiding Industries.

3. Property purchased and held in China after naturalization.

Overseas individuals can only buy 1 house for self-occupation in China. Overseas institutions that set up branches and representative offices in China can only purchase non-residential houses needed for office work in registered cities. The requirement of purchase is real-name purchase plus valid documents.

Overseas individuals holding real estate in China enjoy national treatment in property tax collection, and the tax rate refers to Document No.20093.

Four, after naturalization, contractual rights and interests in China (deposits, stocks and securities, commercial insurance, etc.). ).

After naturalization, the original contractual rights and interests in China (including deposits, stocks and bonds, commercial insurance, etc. ) enjoy national treatment and will not change because of the change of immigration status.

Some netizens think: "If you are not a citizen of China, you must have no pension! When he chose another nationality, he automatically gave up China welfare. "

Actually, our country is generous.

Generally speaking, you can get a pension. First of all, there is no restriction in the social insurance law that only Chinese citizens can participate in endowment insurance.

When foreigners go through employment formalities in China, employers should also pay social insurance for foreigners in accordance with China's regulations. Because, as long as the establishment of labor relations to implement employment, you should pay social security and enjoy the corresponding protection. However, the employment of foreigners needs to go through the formalities of filing employment of foreigners separately.

There is a passage in the "Regulations on the Implementation of the Social Insurance Law": "If an individual leaves the country to settle down before reaching the statutory conditions for receiving the basic pension, his personal account will be kept, and when reaching the statutory conditions for receiving it, he will enjoy the corresponding pension insurance benefits in accordance with state regulations."

Some people say that this is going abroad to settle down, and there is no need to change nationality. But I wonder if it has ever occurred to you that changing nationality is not a necessary condition at all, because this person may not be from China.

A foreigner 15 participated in social security in China and then left the country to settle abroad. When he reaches the legal retirement age, he can come back to enjoy the pension.

Under what circumstances can I not receive a pension?

Only those who have lost their People's Republic of China (PRC) nationality can apply in writing to terminate the employee's basic old-age insurance relationship when leaving the country or after leaving the country, and pay him the amount stored in the employee's personal account in one lump sum.

The loss of China nationality actually includes the loss of China nationality and the loss of China nationality.

Foreigners can cancel their accounts if they are sure that they don't want to go through retirement formalities in China. If the old-age insurance cannot be restored after cancellation, you need to sign a risk notice, that is, provide an application.

It doesn't matter whether you change your nationality after retirement. Because our retirement benefits are paid to the designated bank card and can be converted into foreign exchange. Moreover, the annual centralized certification of pensions has also been cancelled, and mobile APP certification has been implemented in many areas. As long as it is recognized abroad, you can still receive pension benefits.

The old-age insurance system in our country is pay-as-you-go with appropriate balance, because as long as you pay the old-age insurance, it is a contribution to the old-age care in China, and the country will not forget you. As long as you don't give up voluntarily, the country will reserve the qualification for receiving treatment for you.

Therefore, our old-age insurance takes care of everyone. As long as you participate in endowment insurance, individuals will not give up voluntarily, and generally will not lose their eligibility for pension benefits.

Verb (abbreviation of verb) on inheritance and transfer of property

In terms of property inheritance, according to the laws and regulations of residence, it means that the property is in China, referring to the laws and regulations of China, and the property is abroad, referring to the relevant local laws and regulations.

The transfer of property is based on the legal principle of the location of the property. Regarding the property transfer tax, the method of withholding from the source is adopted. As for the tax on the transfer of domestic assets by immigrants, according to the tax agreement between the two countries, non-residents of a country can obtain taxable income in that country, and if they meet the conditions, they can collect income tax in the form of reduction or exemption. The tax of non-residents in their country of residence is deducted from the amount withheld from the above sources.

Six, about the transfer of domestic property out of the country

In recent years, the flood of cash from China is believed to have been felt by all countries in the world.

According to the data of the National Association of Realtors, in the recent 65,438+02 months, China buyers accounted for 65,438+06% of the international buyers of American houses, making them the largest foreign buyers. In this year, China buyers spent nearly $30 billion on real estate in the United States, with an average purchase price of about $832,000.

But in fact, it is restricted for China buyers to buy a house abroad. For many people who emigrate overseas and want to take root in their new homes, it is difficult to transfer a large sum of money from China overseas.

As we all know, China has foreign exchange export control (each person can only go abroad for 50,000 US dollars a year), but many immigrants are in urgent need of a lot of money. Buying a house, buying a car, doing business and educating children are not small expenses.

You know, it is strictly forbidden to illegally exchange foreign exchange from China or purchase foreign exchange for the purpose of buying a house or insurance abroad!

Many people withdraw money through illegal channels (such as underground banks). However, with the increase of domestic investigation in recent years, the division of global information is getting closer and closer. Nowadays, the risk of this operation is getting bigger and bigger, and many desperate China people have been punished!

On August 20 18, the state administration of foreign exchange of China notified 2 1 cases of foreign exchange violation.

In 2 1 case, 3 banks were involved in illegal re-export trade, 4 banks were involved in illegal domestic insurance and foreign loans, and 1 bank was involved in illegal personal sale and payment of foreign exchange; Four companies evaded foreign exchange, 1 illegally settled foreign exchange, and eight natural persons participated in illegally buying and selling foreign exchange or splitting foreign exchange to evade foreign exchange. It is simply a sample of illegal transfer of foreign exchange.

The six methods of illegally transferring funds are summarized as follows:

1, internal insurance and external loan. Register a re-export trading company in the Free Trade Zone. Then fictional overseas business requires banks to issue letters of guarantee in China, then obtain foreign currency from overseas banks, and finally repay in RMB in China.

2. entrepot trade. Try to get a fake bill of lading that doesn't need to be cashed, and then ask the bank to pay the foreign payee accordingly.

3. Split settlement. This is commonly known as ants moving. They find a large group of people in China to exchange money, each of whom does not exceed the annual limit of 50 thousand dollars, and then remit money to designated accounts abroad.

4. False contract. Signing false trade contracts with overseas companies, paying foreign exchange but not importing goods.

5. Underground money houses. At home, RMB is transferred to underground banks, and foreign exchange is transferred to money changers in overseas underground banks. Commonly known as knocking at the door

6. Cash withdrawal from overseas POS machines. Taking credit cards and debit cards from China Bank abroad and cashing them with local POS machines exceeds the personal annual exchange limit.

But in fact, many people may not know that just at the beginning of last year, China's foreign exchange policy has been quietly adjusted, and it has begun to provide overseas Chinese with opportunities to legally transfer assets!

According to the latest Interim Measures of the State Administration of Foreign Exchange on the Administration of Sale and Payment of Personal Property issued by the People's Bank of China, legal immigrants in China can now go through relevant legal procedures, remit a large sum of money exceeding US$ 50,000 overseas, realize the legal property they owned in China before obtaining immigration status, and remit it abroad through designated foreign exchange banks!

Three types of people are not restricted.

According to China's regulations, there are currently three types of people who can formally transfer assets overseas without restrictions. According to the Interim Measures for the Administration of Overseas Transfer of Personal Property, the following three types of people can directly apply for the transfer of all personal assets abroad:

1. a natural person who immigrated from the mainland of China and obtained permanent residency;

2. A natural person who went from the mainland to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of China and obtained the permanent residency in the Hong Kong Special Administrative Region;

3. Natural persons who have settled in Taiwan Province Province of China from the mainland.

Generally speaking, legal transfer of assets can be divided into two categories.

1. Inheritance and transfer

Foreign citizens or residents who have obtained permanent residency in the Hong Kong Special Administrative Region and the Macao Special Administrative Region or residents of Taiwan Province Province may apply for realizing the legally inherited domestic heritage and purchasing foreign exchange for remittance abroad.

2. Immigration

A natural person who emigrated from the Mainland and obtained the right of permanent residence, or a natural person who went to the Hong Kong Special Administrative Region and the Macao Special Administrative Region from the Mainland and obtained the right of permanent residence in the SAR, or a natural person who settled in Taiwan Province Province from the Mainland, may apply for realizing the legal property he owned in China before obtaining immigration status and purchasing foreign exchange for remittance abroad.

It is worth noting that the Regulations on Migration clearly emphasizes that foreign exchange transfer cannot be carried out at the stage of just applying for overseas status, and only after confirming that you have obtained permanent residency in a foreign country or the status of a foreign citizen or resident in the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Province Province can you apply for this regulation.

Requirements for applicants

There are five main requirements for applicants who need to legally transfer a large number of assets:

1. You must be a citizen of China or a foreigner who has obtained permanent residency abroad (including residents who have emigrated from the mainland of China or settled in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province).

2. It is necessary to sell the real estate held in China (the house price can be converted into foreign exchange at one time and transferred to the overseas bank account of the party concerned), and other securities and real estate must be sold before applying for asset transfer.

3. The transferred property shall be legal property, and there shall be no disputes with others.

4. Successful applicants are not allowed to withdraw foreign currency cash in China. Foreign exchange must be directly remitted to the account of the applicant in the country or region where the immigrant or heir lives.

5. All China citizens who legally immigrate to other countries and regions have one and only one chance to apply to the State Administration of Foreign Exchange for the transfer of immigrant property.

Required application materials

1. Identity documents (ID card, household registration book, permanent residence permit, etc. )

2. The Embassy of China issued (or certified) a certificate that the applicant has obtained permanent residence status abroad.

3. Proof of residence abroad, such as driver's license, bank statement and other three or more documents.

4. Bank deposit tax payment certificate

5. A copy of the original real estate license (before selling the house), the original tax bill and tax payment certificate of the tax bureau when selling the house, and a copy of the new real estate license after the transfer.

6. Stock house sales contract (online signing contract). It should be noted that the full price of the house refers to the contract price and the duty-paid price, and the settlement of foreign exchange can only be calculated at the verifiable price.

7. If you entrust others to handle the transfer of assets, you should provide the agency agreement (original, without notarization) and a copy of the agent's identity certificate.

8. Designate the remittance receiving bank. In this regard, it is necessary to communicate with the domestic remittance bank in advance whether it can handle the transfer and remittance business of immigrant property, whether the overseas remittance bank can receive overseas remittance, and whether the account supports the remittance currency. The remittance account and the account name of the remittance account belong to the same applicant.

The following points need special attention:

1. After the application materials are complete, it can be completed in about 20 working days.

2. Don't miss the telephone notice at this time, because the purchase and remittance business must be completed within 15 natural days from the date of approval, otherwise it will be overdue.

3. No second application is allowed.

4. Those who are applying for permanent residency abroad are not applicable. If they have obtained permanent residency abroad, but they are still domestic tax residents, they should be cautious.

5. All domestic real estate transactions shall be registered in the housing management department, and the amount of foreign exchange purchased shall not exceed the selling price.

6. Immigrants must apply to transfer all assets out of the country at one time and remit them gradually. The amount of the first remittance shall not exceed half of all assets to be transferred. One year after the first remittance, it shall not exceed half of the remaining assets. Two years after the first remittance, it can remit all the remaining assets. If the assets do not exceed 200,000 RMB (including 200,000 RMB), you can apply for one-time remittance.